October 17, 2018

Vermont Becomes the 32nd State to Adopt the Duty of Competence

As most RTL readers know, I track (on the heels of the inimitable Bob Ambrogi) the number of states which have adopted the duty of competence.

The Vermont Supreme Court ordered amendments to the comments to Rule 1.1 of the Vermont Rules of Professional Conduct. The amendments track the 2012 changes to the ABA Model Rules of Professional Conduct, and specifically include Comment 8's duty of technology competence:

To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject. (Emphasis added.)

The court also adopted comments 6 and 7, pertaining to outsourcing work by lawyers.

The court entered its order on Oct. 9, 2018, and the changes take effect on Dec. 10, 2018.

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